California Code of Civil Procedure 704.740 – (a) Except as provided in subdivision (b), the interest of a …
(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.
(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:
Terms Used In California Code of Civil Procedure 704.740
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Dwelling: means a place where a person resides and may include but is not limited to the following:
California Code of Civil Procedure 704.710
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.
(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).
(Amended by Stats. 1984, Ch. 538, Sec. 26.)